Zurück zur Übersicht

Surrender Agreement Eu

2. Without prejudice in paragraphs 3 and 4, the postponement is based on the fact that the acts for which the arrest warrant was issued constitute a criminal offence under the law of the State of enforcement, regardless of the constituent elements or description of it. The mode of transmission of the EAW ensures that the delay between the activation of an application and the appearance of a person requested before the court can be a matter of days. According to the European Commission, the average length of time given by a person sought with their consent was 15 days and without 40 days` consent. Since 2002, the Council`s framework decision on the European Arrest Warrant (PD 2002) has been aimed at speeding up the transfer of suspects and convicted persons beyond the EU`s physical borders. On the basis of the principle of mutual trust and mutual recognition, the FD abolished extradition between Member States in 2002 and replaced it with a system of transfer between judicial authorities. The creation of the European Union eliminated the complexity and delay potential of the 1957 European Multilateral Extradition Agreement (ECE) and removed decision-making from the political arena. Member States are defined as Category 1 zones in accordance with the first part of the UK Extradition Act 2003 („EA 2003“). 4.

An application for leave is submitted to the judicial enforcement authority, with the information covered in Article 11, paragraph 1, and a translation in accordance with Article 11, paragraph 2. Consent must be given when the offence for which it is sought must be surrendered, even in accordance with the provisions of this agreement. Permission is denied for the reasons under Article 4 and can only be denied for reasons covered by Article 5 or 6, paragraph 2, and Article 7, paragraph 2. The decision is made no later than thirty days after the application has been received. For article 8 situations, the issuing state must provide the guarantees provided for them. The framework decision provides for delays for the final decision on a request for postponement. If a requested person accepts his surrender, the judicial enforcement authority should make a final decision within ten days of that date. If a wanted person refuses to give consent to his surrender, the judicial enforcement authority should make a final decision within 60 days of the arrest. [30] In 2011, the European Commission reported that the average time to surrender those who accepted was 16 days, while the average time for those who disagreed was 48.6 days. [31] This agreement does not affect the obligations of the enforcement state if the required person has been extradited from a third country to that state and if that person is protected by the provisions of the agreement under which he or she was extradited with respect to the specialty.

The enforcement state takes all necessary measures to seek immediate approval from the state from which the wanted person was extradited so that it can be handed over to the state that issued the arrest warrant.

Dieser Beitrag wurde in der Kategorie Allgemein veröffentlicht. Zurück zur Übersicht